Antidumping duty order on certain freight rail couplers and parts thereof from the People's Republic of China (A-570-145)

1. On 07/14/2023, Commerce published in the Federal Register its antidumping duty order on certain freight rail couplers and parts thereof (freight rail couplers) from the People's Republic of China (88 FR 45138). 2. The merchandise covered by this order is certain freight railcar couplers (also known as "fits" or "assemblies") and parts thereof. Freight railcar couplers are composed of two main parts, namely knuckles and coupler bodies but may also include other items ( e.g., coupler locks, lock lift assemblies, knuckle pins, knuckle throwers, and rotors). The parts of couplers that are covered by the investigation include: (1) E coupler bodies, (2) E/F coupler bodies, (3) F coupler bodies, (4) E knuckles, and (5) F knuckles, as set forth by the Association of American Railroads (AAR). The freight rail coupler parts ( i.e., knuckles and coupler bodies) are included within the scope of the investigation when imported separately. Coupler locks, lock lift assemblies, knuckle pins, knuckle throwers, and rotors are covered merchandise when imported in an assembly but are not covered by the scope when imported separately. Subject freight railcar couplers and parts are included within the scope whether finished or unfinished, whether imported individually or with other subject or nonsubject parts, whether assembled or unassembled, whether mounted or unmounted, or if joined with nonsubject merchandise, such as other nonsubject parts or a completed railcar. Finishing includes, but is not limited to, arc washing, welding, grinding, shot blasting, heat treatment, machining, and assembly of various parts. When a subject coupler or subject parts are mounted on or to other nonsubject merchandise, such as a railcar, only the coupler or subject parts are covered by the scope. The finished products covered by the scope of this investigation meet or exceed the AAR specifications of M-211, "Foundry and Product Approval Requirements for the Manufacture of Couplers, Coupler Yokes, Knuckles, Follower Blocks, and Coupler Parts" and/or AAR M-215 "Coupling Systems," or other equivalent domestic or international standards (including any revisions to the standard(s)). The country of origin for subject couplers and parts thereof, whether fully assembled, unfinished or finished, or attached to a railcar, is the country where the subject coupler parts were cast or forged. Subject merchandise includes coupler parts as defined above that have been further processed or further assembled, including those coupler parts attached to a railcar in third countries. Further processing includes, but is not limited to, arc washing, welding, grinding, shot blasting, heat treatment, painting, coating, priming, machining, and assembly of various parts. The inclusion, attachment, joining, or assembly of nonsubject parts with subject parts or couplers either in the country of manufacture of the in-scope product or in a third country does not remove the subject parts or couplers from the scope. The couplers that are the subject of this investigation are currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) statistical reporting number 8607.30.1000. Unfinished subject merchandise may also enter under HTSUS statistical reporting number 7326.90.8688. Subject merchandise attached to finished railcars may also enter under HTSUS statistical reporting numbers 8606.10.0000, 8606.30.0000, 8606.91.0000, 8606.92.0000, 8606.99.0130, 8606.99.0160, or under subheading 9803.00.50. Subject merchandise may also be imported under HTSUS statistical reporting number 7325.99.5000. These HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of this investigation is dispositive. 3. For imports of freight rail couplers from the People's Republic of China, CBP shall suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 07/07/2023 (the date on which the International Trade Commission published its final determination in the Federal Register). Effective 07/07/2023, CBP shall require a cash deposit equal to the percentage for the exporter identified below. These cash deposit rates have been adjusted to reflect the appropriate subsidy offsets determined in the companion countervailing duty proceeding. Exporter: China-Wide Entity Case Number: A-570-145-000 Cash Deposit Rate: 139.49 percent 4. In the antidumping duty order, Commerce stated that it would refund the difference between the preliminary determination rate and the final determination rate for the China-wide entity, which was adjusted for an export subsidy offset that was not applied to the preliminary determination rate. (See 88 FR 45138, at footnote 6.) Commerce will direct CBP in separate refund instructions. 5. The U.S. International Trade Commission (ITC) determined that critical circumstances do not exist with respect to subject imports from the People's Republic of China. As a result of the ITC's negative determination of critical circumstances, Commerce will direct CBP in separate instructions to refund all cash deposits collected on entries of freight rail couplers from the People's Republic of China which were entered, or withdrawn from warehouse, for consumption on or after 12/13/2022 and before 03/13/2023. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply. 6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIV:ZS) 7. There are no restrictions on the release of this information. Alexander Amdur